What are the legal requirements and process for transferring a decedent’s firearms during probate in FL | Florida Probate | FastCounsel
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What are the legal requirements and process for transferring a decedent’s firearms during probate in FL

August 8, 2025 6 min read

Disclaimer

This is educational information, not legal advice. If you need legal guidance about a particular estate or firearms transfer in Florida, consult a qualified attorney or an experienced probate or firearms-transfer professional.

Detailed Answer

Overview — who manages a decedent’s firearms during probate?

When someone dies in Florida, the personal representative (executor or administrator) appointed by the probate court is responsible for collecting, securing, inventorying, and ultimately distributing estate property, which includes firearms. The personal representative must follow the will (if there is one) and Florida probate rules and statutes governing administration and distribution of estate property. See Florida’s probate laws, especially Chapter 733 (Administration of estates) and Chapter 732 (intestate succession) for the court’s framework and the representative’s duties: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html and https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732ContentsIndex.html.

Primary legal considerations

  • Authority and duties of the personal representative. The representative must identify and take custody of firearms as part of the estate inventory and act under court supervision to distribute or dispose of them according to the will or Florida law (Chapter 733). See Florida probate statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html.
  • Recipient eligibility. State and federal law prohibit firearm possession or receipt by certain persons (for example, persons convicted of disqualifying felonies, those subject to certain injunctions, and other federally prohibited classes). The representative must ensure the person who will receive a firearm is legally permitted to possess firearms under Florida law (Chapter 790) and federal law (18 U.S.C. § 922(g)). See Florida weapons laws: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html and federal prohibited-person law: https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm.
  • Federal rules for transfers through licensed dealers and for NFA items. Transfers carried out through an FFL (federal firearms licensee) require the buyer to pass a background check (NICS). Special categories of firearms regulated by the National Firearms Act (NFA) — e.g., suppressors, short-barreled rifles, machine guns — require ATF approval and forms (Form 4) and tax stamps. See ATF NFA resources: https://www.atf.gov/rules-and-regulations/national-firearms-act and https://www.atf.gov/firearms/nfa-transfer-process.

Step-by-step process for transferring firearms during probate in Florida

  1. Secure the firearms immediately. The representative should safely secure the weapons to prevent loss, theft, or unauthorized access. If they pose an immediate danger, contact law enforcement.
  2. Identify ownership and estate plan language. Review the decedent’s will, trust, beneficiary designations, and any recorded ownership documents. A firearm listed as specifically devised in a will usually goes to the named beneficiary, subject to court approval and eligibility checks. If the decedent placed firearms in a living trust, the trustee’s instructions control outside probate.
  3. Inventory and appraise firearms for the estate inventory. List each firearm on the probate inventory with make, model, serial number, and condition. This is part of the representative’s duties under Florida probate rules (Chapter 733).
  4. Confirm legal eligibility of the intended recipient. Before transferring, verify the person is not legally barred from receiving or possessing firearms (felony convictions, certain restraining orders, involuntary commitment history, etc.). If the intended recipient is prohibited, the representative cannot legally transfer the firearm to that person and must pursue alternative disposition (sale, transfer to a legally eligible person, or surrender) consistent with court approval and law.
  5. If a private transfer is allowed, consider using an FFL. Even when a firearm passes directly from an estate to a beneficiary, using a licensed dealer to process the transfer and run NICS is a safe, documented route. For NFA firearms, ATF approval is required and cannot be bypassed.
  6. Obtain court authority when necessary. If estate distributions are contested, unclear, or if the representative needs permission to sell or convey firearms before final distribution, file a petition with the probate court to obtain an order authorizing the proposed action. Courts routinely enter orders allowing distribution of specific personal property to named beneficiaries or sale of items needed to pay debts.
  7. Document the transfer in the estate records and obtain receipts. Whether transferring to a beneficiary, selling, or surrendering, keep written records, receipts, bills of sale, and any court orders. These protect the personal representative and provide proof of compliance with probate and firearms law.
  8. Handle restricted or NFA items properly. If the estate includes NFA-regulated firearms (suppressors, SBRs, machine guns), follow federal ATF procedures (Form 4, tax stamp, waiting period). Trusts are commonly used to hold NFA items, but transfers still require ATF approval. See ATF NFA guidance: https://www.atf.gov/firearms/nfa-transfer-process.

What if the beneficiary is legally prohibited?

If the named beneficiary cannot legally possess firearms, the personal representative must not transfer the firearms to them. Options include:

  • Petitioning the probate court to authorize sale of the firearms and distribution of the proceeds to the beneficiary (if the will or intestacy rules allow);
  • Transferring the firearms to another lawful beneficiary or to a licensed dealer for sale, with court authorization if required; or
  • Surrendering firearms to law enforcement when no lawful disposition is practical.

Court involvement and records

Even when transfers are straightforward, the personal representative should keep the probate file updated (inventory, receipts, copies of transfers, and any court orders). If a transfer is unusual, contested, or involves prohibited recipients or NFA firearms, seek a court order authorizing the transfer or disposition. The probate court has authority to direct how estate property is handled under Chapter 733: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html.

Hypothetical examples (illustrative)

Example A: The decedent’s will leaves three rifles to the spouse. The spouse has no disqualifying record. The personal representative inventories the rifles, obtains any required approval from the court for distribution, and either hands the firearms to the spouse with a receipt or processes the transfer through an FFL for a clean, documented transfer.

Example B: The will leaves a handgun to a friend who has a felony conviction. The friend cannot legally receive the firearm. The personal representative petitions the court to authorize sale of the handgun and distribution of the sale proceeds to the friend (if appropriate), or transfers the firearm to a lawfully eligible person or dealer per court order.

Helpful Hints

  • Secure firearms right away. Quick action prevents theft, misuse, or accidental injury.
  • Check wills, trusts, and deeds carefully—some owners use trusts to keep firearms outside probate.
  • When in doubt, use a licensed firearms dealer (FFL) to process the transfer. That provides a background check and paper trail.
  • Document everything: inventory entries, photographs, serial numbers, receipts, and court orders.
  • For NFA items, follow ATF procedures exactly. These transfers carry criminal penalties if mishandled: https://www.atf.gov/firearms/nfa-transfer-process.
  • If a beneficiary is prohibited from possessing firearms, do not hand over the weapons. Seek court guidance and alternatives (sale, surrender, transfer to eligible person).
  • When uncertain, consult both a probate attorney and an attorney familiar with firearms law. Probate and firearms rules overlap and mistakes can cause criminal liability or personal exposure for the representative.

Resources

  • Florida statutes — Chapter 733 (administration of estates): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
  • Florida statutes — Chapter 732 (intestate succession): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732ContentsIndex.html
  • Florida statutes — Chapter 790 (weapons and firearms): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html
  • Federal prohibited-person law (18 U.S.C. § 922(g)): https://www.govinfo.gov/content/pkg/USCODE-2018-title18/html/USCODE-2018-title18-partI-chap44-sec922.htm
  • ATF guidance for NFA transfers and compliance: https://www.atf.gov/firearms/nfa-transfer-process

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.